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Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
ATTENTION
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Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
1 Phillip Luis Castillo Special Needs Trust Case No. 07CEPR00435
Attorney Jeffrey B. Pape (for Petitioner Bruce D. Bickel, Trustee)
Fifth Account and Report by Bruce D. Bickel, Trustee; Petition for Settlement; Approval and
Allowance of Trustee's and Attorney's Fees; Petition for Order Accepting Resignation of Trustee
and for Appointment of Successor Trustee
BRUCE D. BICKEL, Trustee, is Petitioner.
~Please see petition for details~
Declaration of Jeffrey B. Pape Regarding Fifth
Account and Report by Bruce D. Bickel, Trustee;
Petition for Settlement; Approval and Allowance of
Trustee' s and Attorneys' Fees’; Petition for
Order Accepting Resignation of Trustee and for
Appointment of Successor Trustee filed 2/9/2017.
NEEDS/PROBLEMS/
COMMENTS:
Continued from
1/24/2017. Minute Order
states counsel requests
45 days.
Note: Court will set a
status hearing as follows:
Thursday, November
29, 2018 at 9:00 am in
Dept. 303 for filing of
the Sixth Account.
Pursuant Local Rule 7.5,
if the document noted
above is filed 10 days
prior to the date listed,
the hearing will be taken
off calendar and no
appearance will be
required.
Cont. from 111215,
012417
Aff.Sub.Wit.
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Video
Receipt
CI Report
✔ 2620
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 1 – Castillo
1
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
2 Maria C. Puentes (Estate) Case No. 08CEPR00156 Attorney Kruthers, Heather H. (for Public Administrator) Status RE: Filing of the First Account and Petition for Final Distribution
DOD: 1/7/08 The FRESNO COUNTY PUBLIC ADMINISTRATOR was appointed Administrator with Will Annexed on 5/13/08. On 7/14/16, the Court set this status hearing for the filing of the First Account or Petition for Final Distribution and mailed notice to Attorney Kruthers. History: Rudy Carrera, Grandson and Named Executor, filed a Petition for Probate of the Decedent’s Will dated 1/19/07. Thomas C. Puentes, Son, filed an Objection on 4/14/08 to the appointment of Rudy Carrera. On 4/28/08, the Court admitted the will to probate and appointed the PA as Administrator with Will Annexed. Letters issued 5/13/08. Note: Various Creditor’s Claims have been filed, including by DHCS. Note: No Partial or Final Inventory and Appraisal as of the Decedent’s Date of Death has been filed. A I&A Partial No. 1 Reappraisal for Sale was filed on 9/18/08 reflecting a 50% interest in certain real property on South Page Ave., in Fresno, valued at $40,000.00. (Note: This appears to be a then-current value, not a DOD value). A Notice of Proposed Action and additional Reappraisal for Sale (value $32,500.00) were filed re sale of the real property on 4/30/09. Nothing further was filed; therefore, the Court set this status hearing for closure of the estate. Status Report filed 1/9/17 states the decedent owns a one-half interest in real property; one of the beneficiaries, Johnny Puentes, owns the other half. In October 2008, the PA filed a notice of proposed action to sell the decedent’ interest along with the other owner’s half; however, the buyers backed out, and no one else showed any interest. Johnny has lived in the house for a number of years and paid all property and funeral expenses. He would like the property deeded to him, but it is unclear if the other beneficiaries would assign their interests to him or if he would have to buy their interests. If so, it is unclear if he would be able to do so. To allow time to calculate each beneficiary’s interest and Johnny’s ability to buy them out, the PA requests at least 60 days.
NEEDS/PROBLEMS/ COMMENTS: Continued from 1/17/17 1. Need Final Inventory
and Appraisal pursuant to Probate Code §8800.
2. Need First Account or Petition for Final Distribution pursuant to Probate Code §12200.
Cont. from 011717
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
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Letters
Duties/Supp
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Video Receipt
CI Report
9202 Order Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/6/17 UCCJEA Updates: Citation Recommendation: FTB Notice File 2- Puentes
2
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
2 Maria C. Puentes (Estate) Case No. 08CEPR00156 Page 2 – Status Report filed 2/28/17 states as previously reported, Johnny Puentes has been paying the mortgage for the last 10 years, plus insurance, etc. He owns the other half of the property and has a partial interest in the decedent’s half interest. There is still a $20,000 loan owing on the decedent’s half of the property. Johnny intends to pay that if he is deeded the house. If the siblings continue to fight him getting it, they would be partially responsible for paying off that $20,000, in additional to reimbursing Johnny for funeral expenses. The PA asserts that this case would benefit from a mandatory settlement conference and requests that one be set as early as possible and that all parties demanding part of the estate attend. Examiner’s Note: The decedent’s will dated 1/19/07 (admitted to probate per Order of 5/13/08) devises her estate as follows:
All jewelry, furniture, furnishings, and appliances to Rosanna Siller (granddaughter), except for washer/dryer and bedroom set to Johnny Puentes (son)
Residue in equal shares to the following named devisees, or their issue:
- Mary Lou Puentes (daughter) - Tomas C. Puentes, Jr. (son) - Rudy Carrera (grandson) - Dora Puentes (daughter) - Rosanna Siller (granddaughter) - Celinda Puentes (daughter) - Joe Angel Puentes (son)
Only two parties, Rudy Carrera and Thomas C. Puentes, Jr., have made appearances in this matter. Rudy filed the initial petition for probate, and Thomas objected. Thereafter, the Court appointed the Public Administrator. Note that only a partial I&A has been filed for the decedent’s interest in the house, but no Final I&A has been filed, so it is unclear if there are any other assets that will be subject to distribution.
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
4B 2009 Sandy Moua Special Needs Trust Case No. 10CEPR00427 Attorney: Kevin Urbatsch (for Petitioner Wells Fargo Bank)
Order to Show Cause
WELLS FARGO BANK is Trustee.
Status Hearing for the Filing of the Fourth
Account was heard on 1/24/17.
Minute order from 1/24/17 states No
appearances. The Court issues and
Order to Show Cause to Kevin Urbatsch
as to why he should not be sanctioned
for his failure to appear and to Wells
Fargo Bank, as Trustee, as to why they
should not be removed for failure to file
the fourth account. Both Mr. Urbatsch
and the Trustee are ordered to be
personally present or present via
CourtCall on 3/14/17.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
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Aff.Mail
Aff.Pub.
Sp.Ntc.
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CI Report
9202
Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 4B- Moua
4B
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
5 Deanna Terrell-Federico, Alyssa Terrell-Avila, Bernice Terrell (GUARD/P)
Case No. 11CEPR00487 Guardian: Louise B. Corrales (pro per)
Guardian: Victor Corrales, SR (pro per)
Petitioner: Nicole Jeff (pro per)
Petition for Termination of Guardianship
NICOLE JEFF, mother, is petitioner.
LOUISE CORRALES and VICTOR
CORRALES, maternal great-
grandparents, were appointed co-
guardians on 9/27/11.
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/17/17. As of
3/6/17 no new documents have
been filed and the following issues
remain:
1. Petition does not include the
names and current addresses for
each father of the minors.
2. Petition does not include the
names and current addresses for
each paternal and maternal
grandparent of the minors.
3. Proof of service of the Notice of
Hearing is incomplete. It does not
include the name , address and
telephone number of the person
doing the service (item #6)
4. Need proof of service of the
Notice of Hearing or Declaration
of Due Diligence on:
a. Each father of the minors
b. Each paternal grandparent of
the minors
c. Each maternal grandparent
of the minors
d. Deanna Terrell-Federico
(minor)
Cont. from 111516,
011717
Aff.Sub.Wit.
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Aff.Mail X
Aff.Pub.
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Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 5- Terrell
5
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
7 Armen Kiramidjian (Estate) Case No. 13CEPR00359
Attorney Lawson K. Renge (for Betty Phillips and Rose Lee Little, Co-Executors)
First and Final Account and Report of Executors and Petition for Final
Settlement and Distribution
DOD: 11/26/2012 BETTY PHILLIPS and ROSE LEE LITTLE, sisters
and Co-Executors, are Petitioners.
Account period: [6/11/2013 – 1/22/2017]
Accounting - [$678,096.95]
Beginning POH - $678,096.95
Ending POH - $461,521.40
($284,427.15 cash)
Co-Executors - [$18,361.94]
(statutory)
Attorney - [$18,361.94]
(statutory)
Petitioners state:
During the pendency of probate,
Petitioners filed a Complaint for
breach of contract, concerning a
“Loan Agreement” in the sum of
$52,039.07 obligating KARLIE
STEINHAUER who is a beneficiary of real
property belonging to decedent‘s
Estate, and JAMIE RUST who also
executed the ”Loan Agreement;"
Petitioners brought an action for
breach of contract in Case 14 CE CG
02269, which resulted in a default
judgment against STEINHAUER and
RUST on 10/I7/2016; said Judgment is
now final in the sum of $56,882.00. As
residuary beneficiaries of the estate,
Petitioners are the beneficiaries of the
money judgment in equal shares;
~Please see additional page~
NEEDS/PROBLEMS/COMMENTS:
1. Paragraph 28 of the Petition
states the real property on
Central Avenue was sold for
$450,000.00. The Partial #1
Inventory and Appraisal filed
2/13/2014 values that Central
Avenue property at $360,000.00,
such that the gain on sale was
$90,000.00. Therefore, the
statutory fee calculates as
$18,361.94, rather than
$17,850.78 as stated in the
Petition, resulting in an
undercharge of $511.16 for
statutory fees and commissions
requested in the Petition.
2. Petition requests distribution in
three different alternatives, such
that the Petition apparently
seeks Court determination as to
which distribution alternative
should be authorized. The first
alternative allows for the estate
to be closed at this time, while
the other two alternatives
require the estate to remain
open for completion of either
(a) payment of money
judgment by KARLIE STEINHAUER
and/or JAMIE RUST; or (b) sale of
real property located at 647 N.
DeWolf, Fresno. Petitioner has
not provided a proposed order
for final distribution.
~Please see additional page~
Cont. from
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Duties/Supp
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CI Report
✔ 9202
Order X
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates: 3/7/17
Citation Recommendation:
✔ FTB Notice File 7- Kiramidjian
7
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
7 Additional Page, Armen Kiramidjian (Estate) Case No. 13CEPR00359
Petitioners state, continued:
Neither KARLIE STEINHAUER nor JAMIE RUST have made any arrangements to pay the money
judgment of $56,882.00 to Decedent's estate or to the Petitioners as residuary beneficiaries, who
are entitled to receive said sum pursuant to Decedent's Will;
Petitioners request that the real property located on Dewolf Avenue be distributed to KARLIE
STEINHAUER with a restrictive condition that said real property is subject to a money judgment lien
entered in Case 14CECG02269, and that said restrictive condition shall only be removed on
payment by KARLIE STEINHAUER and/or JAMIE RUST in full to the decedent's Estate or to Petitioners,
the testamentary beneficiaries;
In the alternative, Petitioners request that distribution of said real property to KARLIE STEINHAUER
be withheld or delayed until the money judgment is paid in full to the decedent's Estate or to the
Petitioners as the residuary beneficiaries;
As a final alternative, Petitioners request that the real property distributable to KARLIE STEINHAUER
be sold during the pendency of probate and prior to its distribution to her, with the sales proceeds
first used to satisfy the money judgment taken against her and the excess, if any, to be distributed
to her;
Petitioners have the option to exercise any of the foregoing remedies in their sole and absolute
discretion to collect and protect an estate asset for distribution to Petitioners.
Distribution pursuant to Decedent’s Will is to:
BETTY PHILLIPS – ½ interest in $56,882.00 money judgment; ½ interest in “Loan Agreement” valued at
$10,212.25; and $123,851.64 cash;
ROSE LEE LITTLE – ½ interest in $56,882.00 money judgment; ½ interest in “Loan Agreement” valued at
$10,212.25; and $123,851.64 cash;
KARLIE STEINHAUER – [distribution of real property at 647 N. DeWolf, Fresno, based upon Court
determination of one of three alternatives.]
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
9 In Re: Jackson White Special Needs Trust Case No. 14CEPR00757 Attorney: Gregory J. Lederman (for Petitioner Midlands State Bank)
Third Account and Report of Trustee and Petition for Allowance of Payment of Trustee's Fees;
Allowance of Payment of Attorney Fees and Reimbursement for Costs Advanced by Attorney.
MIDLANDS STATE BANK, Trustee, is
petitioner.
Account period: 1/1/16 – 12-31-16
Accounting - $178,410.73
Beginning POH - $125,090.43
Ending POH - $ 54,368.19
Trustee - $5,000.04
($416.67 per month pursuant Midlands
State Bank minimum annual fee for
management of trusts.)
Attorney - $4,697.50
(per itemization and declaration 17.2
hrs @ $150.00/hr for paralegal time and
$325/hr for attorney time.
Costs - $372.00
(filing fee and CourtCall fees)
Petitioner prays for an order that:
1. Notice of Hearing has been given as
required by law;
2. The allegations contained in this
petition are true;
3. The Court make an order
approving, allowing and settling the
Third Account, including each and
every action and transaction,
therein, as filed;
4. Authorizing and directing Petitioner
to pay itself in the total sum of
$5,004.00 for services rendered to
the Trust;
5. Authorizing and directing payment
to Gregory J. Lederman, Esq.,
$4.697.50 or alternatively $3,885.00 if
recommended for approval;
6. Authorizing and directing
reimbursement of $372.00 in costs
advanced.
NEEDS/PROBLEMS/COMMENTS:
1. Costs include CourtCall charges.
CourtCall is considered by this
court to be a cost of doing
business, and therefore not
reimbursable. Local Rule 7.17B.
Therefore the only cost that
appears reimbursable is the filing
fee of $200.00.
2. Petitioner was given the authority
to purchase a life insurance
policy for the beneficiary’s
parents, Paris and Linda White.
The prior accounting indicates
that for two years ING did not
have petitioner’s correct address
and used earnings from the
insurance policy to pay the
premiums. Petitioner stated in the
declaration filed on 3/28/16 that,
“Petitioner has contacted ING to
update its contact information
and has made payments in the
total sum of $39,000.00 to pay for
the past due premiums and
reimburse earnings.”
Disbursement schedule, for this
third account, shows a payment
of $39,000 on 4/1/16 and another
payment of $30.000 on 4/1/16. In
addition there were payments of
$15,000 and 19,500 on 9/12/16.
Payments to ING for this 1 year
accounting totals $103,500.
Need clarification.
Please see additional page
Cont. from
Aff.Sub.Wit.
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Video
Receipt
CI Report
9202
Order X
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 9- White
9
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
9 In Re: Jackson White Special Needs Trust Case No. 14CEPR00757
NEEDS/PROBLEMS/COMMENTS (Cont.):
3. Need Order
Note: if the Petition is granted, the Court will set Status Hearings as follows:
Wednesday, March 6, 2019 at 9:00 a.m. in Dept. 303 for filing of the fourth account of the SNT.
Pursuant Local Rule 7.5, if the documents noted above are filed 10 days prior to the dates listed, the
hearing will be taken off calendar and no appearance will be required.
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
10 Dale Casey Reynolds (Estate) Case No. 15CEPR00079 Attorney: Jeffrey Jaech (for former Administrator Dustin C. Reynolds)
Attorney: Heather H. Kruthers (for Public Administrator/Successor Administrator)
Probate Status Hearing Re: Status of the Estate
DOD: 1/15/15 PUBLIC ADMINISTRATOR is the current
successor Administrator pursuant to
minute order dated 6/14/16.
DUSTIN C. REYNOLDS was appointed as
Administrator with Limited IAEA authority
and with bond set at $20,000.00 on
3/27/15.
Bond was filed on 4/22/15.
Letters issued on 4/29/15.
I & A filed 7/30/15 shows the estate
valued at $155,776.21.
On 6/14/16 the Court removed Dustin
Reynolds as Administrator and
appointed the PUBLIC ADMINISTRATOR.
Status Report filed on 3/2/17 states since
the last hearing the PA served the son
living in the house with a 60 day notice
to move. He moved out, but left the
property in a terrible condition. There
was a lot of trash left behind and the
house was littered with papers, empty
cans, bottles and other debris. The PA
had to use money from the estate to
pay someone to clean up the house
and the backyard so that it was safe to
hole the auction of personal property at
the house.
A reappraisal for sale was sent to the
probate referee on 2/1/17. Once it is
returned, the PA will move forward with
preparing the house for sale. Given the
poor condition, it may take a while to
find a buyer, so the PA requests that this
matter be set no sooner than June 13,
2017.
NEEDS/PROBLEMS/COMMENTS:
Cont. from 091316
Aff.Sub.Wit.
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Not.Cred.
Notice of
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Aff.Mail
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Duties/Supp
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Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 10- Reynolds
10
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
11 Willie Mae Pizzio (Estate) Case No. 15CEPR00107 Attorney: Heather H. Kruthers (for the Public Administrator)
Petitioner: Steven Randolph (pro per)
Petition for Removal of Administrator and Revocation of Letters of
Administration; Apply for Stay on Sale of Estate Assets
DOD: 10/1/14 STEVEN RANDOLPH is petitioner.
Petitioner states he is the eldest biological son
of Willie Mae Pizzio, deceased.
On 4/4/15 the Court appointed Fresno County
Public Administrator, Heather H. Kruthers, as
Administrator of the decedent’s estate.
Petitioner states he is entitled to succeed to
part of the estate and is otherwise qualified to
serve as Administrator.
Pursuant to Probate Code §8503 he has
priority over Heather H. Kruthers for
appointment as Administrator.
Petitioner states he neither had actual notice
of the proceedings in which Heather H.
Kruthers was appointed nor an opportunity to
contest appointment.
Immediate suspension of powers and grounds
for removal include (a) mismanagement of
the estate or about to do so. (c)(sic)
neglected estate and/or neglected to
perform acts. (d) removal is necessary for
protection of the estate and interested
persons.
Wherefore Petitioner prays:
1. That citation issue to Heather H. Kruthers to
show cause why she should not be
removed as administrator and her letters of
administration should not be revoked.
2. For an order suspending the powers of
Heather H. Kruthers pending the hearing on
the petition.
3. For an order that Heather H. Kruthers make
an accounting and surrender all property
in her possession belonging to the estate to
the duly appointed successor.
NEEDS/PROBLEMS/COMMENTS:
1. Petition was not verified.
Probate Code §1021.
2. Need Notice of Hearing.
3. Need proof of service of
the Notice of Hearing on:
a. Public Administrator
b. Heather Kruthers
(attorney for Public
Administrator)
c. Clifford Randolph (heir)
d. Linda Graves (heir)
e. James Randolph (heir)
4. If petitioner wishes to be
appointed as Administrator
or have Lakisha Randolph
appointed as Special
Administrator then a
Petition must be filed using
the mandatory Judicial
Council form with notice to
all interested parties.
5. Heather H. Kruthers is the
attorney for the Public
Administrator and not the
Public Administrator. Ms.
Kruthers has not been
appointed as Administrator
for the estate.
6. Need Order
Cont. from
Aff.Sub.Wit.
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Video
Receipt
CI Report
9202
Order X
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 11- Pizzio
11
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
13 Josephina Lemus (GUARD/P) Case No. 15CEPR00786 Attorney Walters, Jennifer L. (for Guardian Maria Lemus – Petitioner)
Petition for Change in Orders Allowing Minor to Travel Outside of Fresno County
See petition for details. NEEDS/PROBLEMS/COMMENTS:
1. Need Notice of Hearing.
2. Need proof of service of Notice of
Hearing on all interested parties,
including:
- Julia Pena, Maternal Aunt
- Juan Lemus, Father
- Any other relatives, including
paternal and maternal
grandparents, whose visitation
may be affected.
3. Need Order.
Cont. from
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CI Report
9202
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 13- Lemus
13
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
14 James Lee (Estate) Case No. 15CEPR00795 Attorney Teixeira, J. Stanley (for Executor Ophelia Lee)
Status RE: Filing of the First or Final Account
DOD: 8/4/12 OPHELIA LEE, Daughter, was appointed
Executor with Full IAEA without bond
and Letters issued on 9/29/15.
At the hearing on 9/29/15, the Court set
this status hearing for the filing of the first
or final account.
Status Report filed 11/23/16 states
Petitioner has recently filed a Creditor’s
Claim with the Court and also given
notice to another potential creditor.
Once the claims have been settled,
Petitioner sill be in a better position to
begin preparing her Petition for Final
Distribution.
NEEDS/PROBLEMS/COMMENTS:
Minute Order 11/29/16: Counsel
requests 90 days.
1. Need first account or petition for
final distribution pursuant to
Probate Code §12200 or written
status report pursuant to Local
Rule 7.5.
Note: Executor Ophelia Lee filed a
Creditor’s Claim in the amount of
$30,437.36 on 11/21/16; however, it
does not appear she has requested
Court approval by submitting an
Allowance or Rejection pursuant to
Probate Code §9252.
Note: Upon brief review, the
Executor’s claim appears to be
amounts expended during and for
administration of the estate, such as
property taxes, repairs, etc., rather
than amounts originating prior to the
decedent’s death. These amounts
may be more appropriately
requested as reimbursement within
the accounting, rather than ex parte
without accounting reference. The
Court will review further once the
Allowance or Rejection is submitted.
Cont. from 112916
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
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Aff.Mail
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Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 14- Lee
14
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
15 Ker Lor (CONS/PE) Case No. 15CEPR00841 Conservator Yang, Houa Wa (Pro Per – Husband – Conservator)
First Account Current and Report of Conservator and Petition to Withdraw Fund from Blocked Account
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Note: Petitioner was previously represented by
Attorney Charles M. Palmer; however, per
Substitution filed 11/21/16, is now self-
represented.
1. Petition is not verified.
2. Need Notice of Hearing and proof of
service at least 15 days prior to the hearing
per Probate Code §1460 on Conservatee
Ker Lor.
3. The Court may require clarification re the
expected dates of the future installments
expected to be deposited to the blocked
account, and how they are received.
Is a check mailed to the conservatee? Or
deposited directly?
4. Need order approving the accounting.
See Local Rule 7.6.1.
Note: If granted, the Court will set a status
hearing for the filing of the next accounting:
Tuesday, December 11, 2018
Cont. from 012417
Aff.Sub.Wit.
Verified x
Inventory
PTC
Not.Cred.
Notice of Hrg x
Aff.Mail x
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
Letters 10/16/15
Duties/Supp
Objections
Video
Receipt
CI Report
2620(c)
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 15- Lor
15
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
16 Pamela E. Cochrum (Estate) Case No. 16CEPR00557 Attorney Turner, Patrick A. (for Executor Stephanie A. McKnight)
Waiver of Accounting and Petition for Final Distribution under Will and for Allowance of
Statutory Attorney's Fees
DOD: 1/28/16 STEPHANIE A. MCKNIGHT, Executor with
Full IAEA with bond of $550,000.00, is
Petitioner.
Accounting is waived.
I&A: $535,000.00
POH: $535,000.00 (real property)
Executor (Statutory): Waived
Attorney (Statutory): $13,700.00
Distribution pursuant to Decedent’s will:
Stephanie A. McKnight, Successor
Trustee of the Pamela E. Cochrum 2005
Trust dated 1/14/05: Entire estate
NEEDS/PROBLEMS/COMMENTS:
1. A Creditor’s Claim for $527.54 was
filed 12/30/16 by Collectibles
Management Resources,
assignee for American
Ambulance. Need Allowance or
Rejection of Creditor’s Claim
pursuant to Probate Code §9250
and proof of payment or
withdrawal of claim by the
creditor. Note: If rejected, the
creditor has 90 days to respond to
the rejection.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/7/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 16- Cochrum
16
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
18 Tanina Maria Anderson (Estate) Case No. 16CEPR00908 Attorney Coleman, William H. (for Co-Administrators)
Status RE: Filing of the Inventory and Appraisal
DOD: 7/8/16 GINA M. ANDERSON and BRIGITTE M.
ANDERSON PERKINS were appointed
Co-Administrators with Full IAEA without
bond on 10/13/16. Letters issued
10/13/16.
At the hearing on 10/13/16, the Court
set this status hearing for the filing of the
Inventory and Appraisal.
NEEDS/PROBLEMS/COMMENTS:
1. Need Inventory and Appraisal
pursuant to Probate Code §8800
or written status report pursuant to
Local Rule 7.5.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/7/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 18- Anderson
18
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
19 The Teresa Silva-Rincon Living Trust Case No. 16CEPR00951 Attorney Fanucchi, Edward L. (for Trustee Leticia Lopez – Petitioner)
Attorney Flanigan, Philip M. (for Settlor Teresa Silva Flores – Objector)
Motion for Order Requiring Teresa Silva-Rincon to Submit to a Mental Examination Before
Howard B. Terrell, M.D.
LETICIA LOPEZ, Trustee, is Petitioner.
History: Petitioner filed Petition for Injunction,
for Confirmation of Current Trustee, for
Accounting by Trustee and Attorney’s Fees
and Costs on 9/9/16.
TERESA SILVA-FLORES, Settlor, filed Opposition
to the Petition on 10/24/16.
Pursuant to Minute Order 12/12/16, the matter
was set for Trial 3/14/17, and the Court
encourages further discussion towards
agreement with regard to a physician.
On 1/10/17, Petitioner filed this Motion for
Order Requiring Teresa Silva-Rincon to Submit
to a Mental Examination Before Howard B.
Terrell, M.D. On 1/11/17, Petitioner filed an Ex
Parte Application for Order Shortening Time on
the motion; however, the Ex Parte Application
was denied 1/12/17.
See petition for details.
NEEDS/PROBLEMS/COMMENTS:
Note: Trial is set for 3/14/17.
See Minute Order of 12/12/16.
Minute Order 2/28/17: Counsel
represents that parties are
settling. This matter is
continued to the trial date;
parties are directed to arrive
at 8:30 on 3/14/17 if
proceeding to trial, or at 9:00 if
the matter is settled.
As of 3/6/17, nothing further
has been filed.
Cont. from 022817
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/6/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 19- Silva-Rincon Trust
19
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
21A The Huber Living Trust/Survivor's Trust Case No. 16CEPR01048 Attorney Georgeson, C. Russell (for Petitioner Marcia J. Bimat)
Attorney Gould, Jennifer F. (for Objector Ronda L. Spires)
Petitioner Marcia J. Bimat's Petition for Instructions
H. Ronald Huber
DOD: 5/8/10
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Minute Order 1/31/17: Counsel
represents that parties
attended a day of mediation
last Friday, and have an
additional day set for this
Friday. He requests 30-45 days
for further status.
1. Need order.
Charlotte M. Huber
DOD: 1/26/14
Cont. from 112916,
013117
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/3/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 21A- Huber
21A
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
21B The Huber Living Trust/Survivor's Trust Case No. 16CEPR01048 Attorney Georgeson, C. Russell (for Petitioner Marcia J. Bimat)
Attorney Gould, Jennifer F. (for Objector Ronda L. Spires)
Petitioner's Request for Mediation Order
H. Ronald Huber
DOD: 5/8/10
MARCIA J. BIMAT, Beneficiary and Co-
Trustee, is movant.
Movant requests the Court exercise its
plenary power and order that the
Petition for Instructions be mediated by
a mediator agreeable to the parties,
mediator and date selected and
agreed upon no later than 12/6/16, to
be concluded no later than 1/30/17.
Note: Non-Opposition to Request for
Mediation Order was part of the
Objection filed 11/28/16.
NEEDS/PROBLEMS/COMMENTS:
Minute Order 1/31/17: Counsel
represents that parties attended a
day of mediation last Friday, and
have an additional day set for this
Friday. He requests 30-45 days for
further status.
Charlotte M. Huber
DOD: 1/26/14
Cont. from 112916,
013117
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/3/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 21B- Huber
21B
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
21C The Huber Living Trust/Survivor's Trust Case No. 16CEPR01048 Attorney Georgeson, C. Russell (for Petitioner Marcia J. Bimat)
Attorney Gould, Jennifer F. (for Objector Ronda L. Spires)
Status RE: Settlement
MARCIA J. BIMAT, Beneficiary and Co-
Trustee, filed Petition for Instruction on
10/13/16.
Petitioner also filed a Request for
Mediation Order on 10/18/16.
RONDA L. SPIRES, Beneficiary and Co-
Trustee, filed an Objection to Petition for
Instructions and Non-Opposition to
Request for Mediation Order on
11/28/16.
On 11/29/16, the parties were ordered
to meet and confer. On 1/31/17, the
parties reported that they had
attended a day of mediation and have
an additional day set for Friday 2/3/17.
Therefore, the Court set this status
hearing re settlement.
NEEDS/PROBLEMS/COMMENTS:
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/3/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 21C- Huber
21C
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
22 Maria Palos (Estate) Case No. 16CEPR01192 Attorney Wright, Judith A. (for Administrator Petra L. Castro)
Status RE: Filing Receipt from blocked account
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR
Receipt filed 2/22/17
Cont. from 021417
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/3/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 22- Palos
22
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
23 Shane Hanks (GUARD/P) Case No. 16CEPR01308 Petitioner Violette, Brittany (Pro Per – Non-relative – Petitioner)
Petition for Appointment of Temporary Guardian of the Person
See petition for details.
NEEDS/PROBLEMS/COMMENTS:
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
N/A Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/7/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 23- Hanks
23
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
24 Michael Aiden Rocha (GUARD/P) Case No. 17CEPR00038
Petitioner Rose M. Flores (Pro Per, maternal grandmother)
Petitioner Patrick M. Rocha (Pro Per, maternal grandfather)
Petition for Appointment of Guardian of the Person
NO TEMPORARY REQUESTED
ROSE M. FLORES and PATRICK M. ROCHA,
maternal grandparents, are Petitioners.
~Please see Petition for details~
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
N/A
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report X
Clearances X
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/7/17
✔ UCCJEA Updates:
Citation Recommendation:
FTB Notice File 24- Rocha
24
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
25 Hayley Love Falcon (GUARD/P) Case No. 17CEPR00041
Petitioner Roberto Zavala Falcon, Jr. (Pro Per, paternal uncle)
Petitioner Aleia Janaye Falcon (Pro Per, paternal aunt)
Petition for Appointment of Guardian of the Person
NO TEMPORARY REQUESTED
ROBERTO ZAVALA FALCON, JR. and
ALEIA JANAYE FALCON, paternal uncle
and paternal aunt by marriage, are
Petitioners.
~Please see Petition for details~
NEEDS/PROBLEMS/COMMENTS:
1. Need proof of service by mail
at least 15 days prior to
hearing of the Notice of
Hearing with a copy of the
Petition for Appointment of
Guardian, or Consent to
Appointment of Guardian
and Waiver of Notice, or a
Declaration of Due Diligence,
for:
Maternal grandparents.
2. Proof of Service by Mail of
Notice of Hearing filed
2/27/2017 shows the following
persons were served with
notice who are not identified
in the Petition:
PATRICIA CERVANTES;
ANGEL CERVANTES;
ROBERTO R. FALCON. Note:
Petition lists the paternal
grandfather as ROBERTO R.
RODRIGUEZ; need clarification
of correct name.
3. Need Attachment 3 and
Attachment 10 explaining the
answers to Item 3 and Item 10
of both of the Petitioners
Confidential Guardian
Screening forms filed on
1/13/2017.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report X
Clearances X
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/7/17
✔ UCCJEA Updates:
Citation Recommendation:
FTB Notice File 25- Falcon
25
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
26 Loretta P Attkisson (Estate) Case No. 17CEPR00088 Attorney Ramirez, Edward R., Jr. (for Petitioner Cherri Makasian)
Petition for Letters of Administration Authorization to Administer under the IAEA
DOD: 12/27/16 CHERRI MAKASIAN, Daughter, is
Petitioner and requests appointment
as Administrator with Full IAEA.
Bond is not addressed.
Full IAEA – need publication
Decedent died intestate
Residence: Sanger, CA
Publication: Need publication
Estimated value of estate:
Personal property: $20,000.00
Real property: $100,000.00
($350,000.00, encumbered for
$250,000.00)
Total: $120,000.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
1. Need date of death of deceased
spouse per Local Rule 7.1.1.D.
2. Need publication per Probate
Code §8120 and Local Rule 7.9.
3. Need bond of $120,000.00 or
waivers of bond (DE-142) from:
- Tami Henderson
- Lori Johnson
- Rodney Attkisson
Note: If granted, the Court will set
status hearings as follows:
Tuesday, April 25, 2017 for filing of
bond, if required
Tuesday, August 15, 2017 for filing
the Inventory and Appraisal
Tuesday, May 15, 2018 for filing
the first or final account
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w/o
Aff.Pub. x
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/7/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 26- Attkisson
26
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
27 Yancy Pierre Johnson (CONS/PE) Case No. 17CEPR00127 Petitioner Johnson, Tamara (Pro Per – Sister – Petitioner)
Petition for Appointment of Probate Conservator of the Person and Estate
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Court Investigator advised rights on
2/24/17.
Minute Order 2/15/17 (Temp): The
Court appoints the Public Guardian as
Temporary Conservator.
1. Need Citation and proof of
personal service of Citation with a
copy of the petition at least 15 days
prior to the hearing per Probate
Code §1824 on Proposed
Conservatee Yancy Johnson.
2. Need Notice of Hearing and proof
of service of Notice of Hearing with
a copy of the petition at least 15
days prior to the hearing per
Probate Code §1822 or declaration
of due diligence, on all second
degree relatives:
- Doris Johnson-Butler (Mother)
- Father, if living
- Children and grandchildren, if any
- Maternal and Paternal
Grandparents, if living
SEE ADDITIONAL PAGES
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
x
Aff.Mail x
Aff.Pub.
Sp.Ntc.
Pers.Serv. x
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
x
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/7/17
UCCJEA Updates:
Citation x Recommendation:
FTB Notice File 27- Johnson
27
Dept. 303, 9:00 a.m. Tuesday, March 14, 2017
27 Yancy Pierre Johnson (CONS/PE) Case No. 17CEPR00127
Page 2 – NEEDS/PROBLEMS/COMMENTS (Cont’d):
3. Petitioner states at #4 that the proposed conservatee is neither receiving nor entitled to receive
Veterans’ benefits; however, the Investigator’s report indicates that he served in the military. See
report for details. The Court may require notice to the Office of Veterans Administration pursuant to
Probate Code §1822(d).
4. Need video receipt pursuant to Local Rule 7.15.8.
5. Need bond of at least $16,302.00, which includes income stated and cost of recovery pursuant to
Probate Code §2320 and CRC 7.207.
Note: If granted, the Court will set status hearings as follows:
Tuesday, April 25, 2017 for filing of bond
Tuesday, July 11, 2017 for filing the Inventory and Appraisal
Tuesday, May 15, 2018 for filing the first account
If the proper items are on file, the status hearings may come off calendar. Otherwise, written status
report and appearance are required. See Local Rule 7.5.